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FAQs

There is a lien on my property. I need it removed to complete the project. What do I do?

A party to a lien claim can vacate the registration of the lien from the title of the property. Vacating the lien allows the owners of the land and lenders to deal with the land as they see fit, despite the lien. Vacating the lien is achieved through an ex parte motion, whereby the full amount of the lien claimed, plus a percentage for costs, is paid into court as security. As such, the lien claimant no longer has a claim against the land, but rather against the amount posted as security in court. Another option is for the owner of the land, contractor, or other person to discharge the lien, by paying the amount of the lien to the claimant. Once a lien is discharged, there is no way for it to be revived.

© 2015 Lawrence, Lawrence, Stevenson LLP

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43 Queen Street West, Brampton, ON, Canada L6Y 1L9
Telephone: 905.451.3040 Fax: 905.451.5058 Email: lls@lawrences.com

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